HomeMy WebLinkAbout2019-05RESOLUTION NO. 201.9.05
RECOMMENDING THAT THE TOWN COUNCIL CERTIFY A FINAL REVISED
ENVIRONMENTAL IMPACT REPORT AND ADOPT FINDINGS AND A
STATEMENT OF OVERRIDING CONSIDERATIONS, ADOPT MITIGATION
MEASURES AND A MITIGATION MONITORING AND REPORTING PROGRAM
AND APPROVE A PRELIMINARY DEVELOPMENT PLAN - REZONING
REQUEST, MAIOR SUBDIVISION REQUEST, FINAL DEVELOPMENT PLAN
REQUEST AND TREE REMOVAL REQUEST
(MAGEE PRESERVE - DAVIDON HOMES)
WHEREAS, DAVIDON HOMES (Applicant) and MAGEE INVESTMENT COMPANY
& TEARDROP PARTNERS, L.P (Owners) have requested approval of a Preliminary
Development Plan Rezoning request (LEG10-0004), Major Subdivision request
(DEV10-0071), Final Development Plan request (DEV10-0072), and Tree Removal
request TR10-0028/ on a 410 + / - acre site; and
WHEREAS, the site is located on the south side of Diablo Road and Blackhawk Road
extending approximately two miles east from the intersection of Diablo Road/Green
Valley Road/McCauley Road; and
WHEREAS, the site is also identified as Assessor's Parcel Numbers 202-050-07-1.,073,
078,079, and 080; 202-100-017,019,038, and 040; and 215-040-002; and
WHEREAS, collectively, these approvals would: 1) rezone the property from A-4;
Agricultural Preserve District, A-2; General Agricultural District, and P-L; Planned Unit
Development District to P-1; Planned Unit Development District; 2) approve the
subdivision of the 410 + / - acre site to create 69 single family residential lots and
associated parcels; 3) authorize a minimum of 'l..0o/o of the lots created to include an
Accessory dwelling unit ("casita");4) provide for architectural design and landscape
details for the development, and;5) authorize the removal of l-5 Town-protected trees (a
total of 67 onand off-site trees would be removed as part of the project); and
WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance
requires approval of a Preliminary Development Plan - Rezoning request prior to
approval of a Final Development Plan requesf and
WHEREAS, the Town's Subdivision Ordinance requires approval of a tentative map
prior to the recordation of the final map; and
WHEREAS, the Danville Tree Preservation Ordinance requires approval of a Tree
Removal permit prior to the removal of Town-protected trees; and
WHEREAS, the development applications would authorize a "project" under the
California Environmental Quality Act (CEQA) and the Town of Danville determined
that preparation of a Revised Environrnental Impact Report (EIR) for the project would
be required; and
WHEREAS, a substantially similar development application and a Final Environmental
Impact Report were approved by the Danville Town Council in ]uly, 2013; and
WHEREAS, a lawsuit was filed to challenge the project approvals, alleging that the
project's 2013 Final EIR inadequately addressed impacts to traÍlic, bicycle safety,
pedestrian safety, California red-legged frog, emergency access, safe evacuatiorç
flooding, erosion, and siltation. The lawsuit further alleged that the EIR failed to
adequately respond to public comments, failed to consider project alternatives that
would have eliminated traffic impacts, and should have been recirculated for public
comment. Finally, the lawsuit alleged that the project was inconsistent with the Town's
General Plan and with other land use restrictions; and
WHEREAS, the Court of Appeal rejected all allegations except the claim that the EIR
did not adequately address impacts to bicycle safety. As to bicycle safety, further CEQA
analysis was required before the Town considers approval of the proposed projecÇ and
WHEREAS, on April 19, 201.6, the Town Council adopted Resolution No. 39-2016
setting aside and rescinding the EIR and project approval; and
WHEREAS, in February 2017, Davidon Homes became the project applicanÇ and
WHEREAS, the Town of Danville prepared and circulated a Notice of Preparation
(NOP) on August 3'J., 2017 for a 30-day review period ending on October 2, 2017,
soliciting guidance from the public and interested agencies on the scope and content of
the EIR; and
WHEREAS, the NOP was sent to the California State Clearinghouse under
Clearinghouse Numb er 2010112042; and
WHEREAS, the Town of Danville subsequently completed a Draft Revised EIR in
accordance with CEQA; and
WHEREAS, on August 31., 2018, the Draft Revised EIR was released by the Town of
Danville to the public and interested agencies for a45-day public review period; and
WHEREAS, the public review period ended on October 15,2018, and.
PAGE 2 OF RESOLUTION NO. 2019-05
WHEREAS, public comment on the Draft Revised EIR was received by the Planning
Commission at the September 25,201"8 hearing; and
WHEREAS, the Town of Danville prepared a Final Revised EIR and released it to the
public and interested agencies on ll4.ay 1,6,2019; and
WHEREAS, on }/ray 28,2019, the Planning Commission hetd a public hearing on the
Final Revised EIR and Projec! and
WHEREAS, a staff report was submitted recommending that the Danville Planning
Commission reconunend the Town Council certify the Final Revised EIR, approve a
Statement of Overriding Considerations, adopt mitigation measures and a Mitigation
Monitoring and Reporting Program and approve the development applications; and
WHEREAS, after the conclusion of the public hearings on the Final Revised EIR and
Project, the Planning Commission determined that the Revised Final EIR has been
prepared in compliance with CEQA; and
WHEREAS, the Planning Commission reviewed and considered the information
contained in the Final Revised EIR and the testimony presented at the public hearings
prior to making a reconunendation on the Project; and
WHEREAS, the Planning Commission finds that the Final Revised EIR reflects the
Town's independent judgment and analysis; and
WHEREAS, the Planning Commission finds that all feasible mitigation measures were
considered and recoÍunended for adoption, and to the extent a measure or alternative
was not feasible, that there are specific economic, legal, social, technological, and other
considerations explaining why a measure or alternative was not feasible to reduce those
impacts to a less than significant level; and
WHEREAS, prior to taking action and making this recorrunendation to the Town
Council, the Planning Commission declares that it has heard and been presented with,
reviewed, and considered all of the information and data in the administrative record,
including the Final Revised EIR and other documentation relating to the Project; and
WHEREAS, the Planning Commission is also recommending approval of a Statement
of Overriding Considerations which evaluates the benefits of the Project against its
significant and potentially unavoidable ftafÍic congestion impacts; and
WHEREAS, the required CEQA Findings and Statement of Overriding Considerations
are attached to this Resolution as Exhibit L; now, therefore, be it
PAGE 3 OF RESOLUTION NO. 2019.05
RESOLVED that the Planning Commission reconunends the following to the Town
Council that:
Section 1.. The Town Council finds that the Final Revised EIR has been prepared in
compliance with CEQA, and reflects the independent judgment and analysis of the
Town of Danville.
Section 2. The Town Council declares that it has made a reasonable and good faith
effort to eliminate or substantially mitigate, through adoption of all feasible mitigation
measures, all potentially significant impacts that may result from the Project.
Section 3. The Town Council concurs with the CEQA Findings and Statement of
Overriding Considerations in Exhibit 1 to this Resolution and incorporated herein by
this reference and finds, that if an environmental impact remains significant and
unavoidable, the benefits of the Project outweigh any potential significant and
unavoidable environmental impact. The Town Council also concurs that there are no
additional feasible alternatives or mitigation measures within its powers that would
substantially lessen or avoid any significant and unavoidable impacts that may result
from the Project.
Section 4. The Town Council certify the Final Revised EIR for the Project and approve
the Project.
Section 5. The Town Council authorize that a Notice of Determination shall be filed
within five working days of approval of the Project.
And, be it further
RESOLVED, that the Danville Planning Commission recornmends that the Town
Council approve Preliminary Development Plan - Rezoning request (LEG10-0004),
Major Subdivision request (DEV10-0071), Final Development Plan request (DEV10-
0072), and Tree Removal request (TR10-0028) per the conditions contained herein, and
makes the following findings in support of these actions:
FINDINGS
PRELIMINARY DEVELOPMENT PLAN - REZONING
The rezoning of the site to P-1,; Planned Unit Development District is consistent
with the Town of Danville 2030 General Plan. The General Plan contains policies
that encourage clustering of development on flatter portions of properties to
preserve open space and natural features. 2030 General Plan Policies 1..07,2.05,
and 21".02 contain such provisions, with Policies 1.07 and 21..02 specifically
identifying PUD or P-1 zoning as implementation measures.
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PAGE 4 OF RESOLUTION NO.2019-05
2.The project site is identified as a Special Concern Area in the General Plan. The
text for the Special Concern Area of the Magee Ranch property (on pages 3-49
and 3-50 of the 2030 General Plan) includes the following relevant direction:
. The Plan deseribes Diablo Road in this area as retaining "the character of a
country road. The Town strongly supports retention of this character and
protection of the views and vistas from the road."
o "[P]roposals which transfer the allowable number of homes to the least
sensitive and obtrusive parts of the site are encouraged."
o "As on the other large undeveloped hillside sites in Danville, protection of
scenic slopes and ridgelines is imperative. Despite the A-2 (General
Agricultural) zoning on much of the site, subdivision of this Special
Concern Area into five-acre 'ranchette' sites similar to those in the
Tassajara Lane/Sherburne Hills area is strongly discouraged. Such
development would require grading and road construction that could
substantially diminish the visual qualities of the area. Transferring
allowable densities to a limited number of areas within the ranch would
enable the bulk of the site to be set aside as permanent open space. This
would also provide opportunities to establi.sh park and trail connections
and to preserve wildlife corridors between this area and the Sycamore
Valley Open Space.
P-1 zoning is the only zoning designation that permits this clustering of potential
development, without creation of S-acre "ranchettes," which the Special Concern
Area language specifically discourages on the property. With clustering, the new
residences would not be visible to motorists on Diablo Road. Approximately 381
acres of the project site would be set aside as permanent open space and two
miles of trails would be dedicated to create connections to the Sycamore Valley
Open Space.
The Town further finds that the rezoning for residential development is within
the maximum permitted density under the existing General Plan land use
designations on the property, which include Single Family-Low Density, Rural
Residential, Agricultural and General Open Space.
The uses authorized or proposed in the land use district are compatible within
the district and to uses authorized in adjacent districts. The proposed infill
housing is an efficient development pattern consistent with surrounding
residential subdivisions and will add to existing infrastructure that services the
adjacent single family residential uses.
3.
4.
PAGE 5 OF RESOLUTION NO. 201.9.05
't.
FINAL DEVELOPMENT PLAN - MAIOR SUBDIVISION
The proposed subdivision is in substantial conformance with the goals and
policies of the 20L0 General Plary including the requirements of Measure S. The
Town's 2030 General Plan recognizes the site as an important site that merits
specific direction for its development. As such, the site is designated as one of 11
Special Concern Areas within the General Plan. The Special Concern Area
language includes the following provisions, which are addressed through the
proposed project:
. The Plan describes Diablo Road in this area as retaining "the character of a
country road. The Town strongly supports retention of this character and
protection of the views and vistas from the road." The project residences
would be clustered at the lowest, flattest areas of the project site, where
they would not be visible to motorists on Diablo Road.
o The Plan provides that "[P]roposals which transfer the allowable number
of homes to the least sensitive and obtrusive parts of the site are
encouraged." The clustering of homes would comply with this directive.
. The Plan provides that "As on the other large undeveloped hillside sites in
Danville, protection of scenic slopes and ridgelines is imperative. Despite
the A-2 (General Agricultural) zoning on much of the site, subdivision of
this Special Concern Area into five-acre "ranchette" sites similar to those
in the Tassajara Lane/Sherburne Hills area is strongly discouraged. Such
development would require grading and road construction that could
substantially diminish the visual qualities of the area. Transferring
allowable densities to a limited number of areas within the ranch would
enable the bulk of the site to be set aside as permanent open space. This
would also provide opportunities to establish park and trail connections
and to preserve wildlife corridors between this area and the Sycamore
Valtey Open Space." The project, through the use of P-1 zorrirng to cluster
the permitted development, would avoid creation of "ranchette" sites,
would limit grading and road construction and substantially preserve the
visual quality of the area. The clustering of the project would also
permanently preserve 381 acres, or approximately 93% ol the site as open
space, which would include trail connections to the Sycamore Valley
Open Space, provision of easements necessary to create a
bicycle/pedestrian trail parallel to Diablo Road, and preservation of
wildlife corridors through the site.
The design of the proposed subdivision is in conformance with the P-1; Planned
Unit Development District since the subject P-'1"; Planned Unit Development
District is customized to the subject Development Plan. The P-1; Planned Unit
Development District is an appropriate zoning designation for infill projects and
2.
PAGE 6 OF RESOLUTION NO. 2019-05
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4.
lands designated as Special Concern Areas in the General Plan. Additional
detailed findings regarding P-1 zoning consistency can be found under
Preliminary Development Plan - Rezoning above.
The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems, because water and sanitary facilities
services will be available to the'new parcels.
The site of the subdivision is physically suitable for the proposed density of
development. The proposed development of 69 lots on the 410 + /- acre site falls
within the allowable maximum density range of up to 78 units, consistent with
the site's Danville 2030 General Plan land use designations of Residential - Single
Family - Low Density, Rural Residential, Agricultural and General Open Space.
With respect to density on the portions of the site designated as'{Agricultural" irt
the 2030 General Plan, the General Plan provides the following:
"Because properties with this designation are bound by Williamson Act contract
to remain in agricultural uses, a density range is not applicable. In the event that
Williamson Act contracts are not renewed, continued agricultural use is
encouraged and the underlying zoning density (one unit per 20 acres or one unit
per five acres) would apply upon the contract expiration."
The portions of the site designated as Agricultural are no longer bound by
Williamson Act contract. In such situations, the Town's practice (and that of
Contra Costa County, prior to the Town's incorporation in 1982) was to zone
lands to A-4 (20 acre minimum) upon execution of a Williamson Act contract,
regardless of the size or prior zoning of the property. The purpose of this A-4
zoning designation is to show that the property is under a Williamson Act
contract. For example, the Town rezoned the "Borel" property (APN 218-090-
031) from P-L to A-4 upon execution of a Williamson Act contract, despite the
entire parcel being orly 17 acres. Under the A-4 zoning designation one home
per 20 acres is allowed
Upon expiration of a Williamson Act contract, the General Plan dictates that the
Town apply the "underlying" zoning, which has been the zoning in effect prior
to entering into the contract. This reflects the intent to place the property in the
position it held prior to entering into the contract, neither increasing nor
decreasing the property's development potential. This practice was previously
applied by the Town with respect to Assessors Parcels 202-100-017, -018, and -0L9
on the subject property. In February 1986, the Town approved a Williamson Act
contract for these parcels and at the same time adopted an ordinance rezoning
PAGE 7 OF RESOLUTION NO.201.9-05
5
6.
them from A-2to A-4. In March 1988, after discovery that the contract had never
been properly executed, the property owner requested, and the Town approved,
an ordinance rezoning the property back to the prior designation oÍ A-2.
The propertv owner in this case did not apply to rezone the property after the
Williamson Act contract expired. Flowever, in determining potential density for
purposes of this applicatiory the Town used the underlying zoning oÍ A-2 (with
the corresponding maximum development density of one unit per five acres) as
provided for in the General Plan and consistent with prior applications,
including the Elworthy Ranch project approved by the Town in 2008 under the
approval granted for Preliminary Development Plan - Rezoning request PUD
2005-02.
The design of the proposed subdivision and improvements are not likely to
cause substantial environmental damage or subsequently injure fish or wildlife
or their habitat. The Revised Environmental Impact Report prepared for the
project found that, with implementation of recommended mitigation measures,
the project would have no significant negative impacts on the wildlife on site,
including California Red Legged Frogs, wetlands, trees and plant life.
The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public atlarge, for access through or use
of property within the proposed subdivision. There are currently no existing
public easements for access through or use of the subdivision. Through project
conditions of approval, the subdivision will offer new easements for public
access.
The project will not cause on-site flooding or add to existing downstream
flooding as detailed in the Hydraulic Report prepared for the project by ENGEO,
Inc. and as concurred with by the Contra Costa County Flood Control and Water
Conservation District.
TREE REMOVAL PERMIT
The project as proposed would preserve2T2 trees out of the 321 surveyed trees and
tt ury other trees located throughout the site, and remove 49 trees. Of the 49 trees to be
removed, seven are designated as protected trees under the Town's Tree Preservation
Ordinance. In addition, to construct roadway improvements at and near the intersection
of Diablo RoadlGreen Valley Road/McCauley Road, the project would remove L8
trees, including eight protected trees.
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PAGE 8 OF RESOLUTION NO.2019-05
1.
The findings below address only the l-2 trees designated as protected under the Town's
Tree Preservation Ordinance. The EIR for the project analyzes the potential
environmental impacts of removing all trees, whether or not they are designated as
protected.
Necessit]¡. The primary reason for removal of the 67 trees, including 15 Town-
protected trees, is that preservation of those trees would be inconsistent with the
proposed residential development of the property, including the creation of a
new roadway to access the main project area, including a new creek crossing, to
be located east of ]illian Way, and the widening of the Diablo Road/Green Valley
Road/McCauley Road intersection to the south to improve the function of that
intersection.
2.Erosion/surface water flow. Removal of the L5 Town-protected trees and 67
total trees would not cause significant soil erosion or cause a significant
diversion or increase in the flow of surface water.
3. Visual effects. With respect to other trees in the area, the project site contains a
significant number of additional trees, including Town-protected Oak trees, that
would not be removed for the project. In additiory the project proponent will be
required to replace all Town-protected trees to be removed with approved
species "of acumulative number and diameter necessary to equal the diameter of
the tree(s) which are approved for removal" in accordance with the Town's Tree
Preservation Ordinance. Tree replacement will be conducted in accordance with
the Town's requirements, including planting a mixture of small and large box
trees to meet the cumulative diameter number of the removed trees. The project
proponent will also be required to replace all non-ordinance-size trees (i.e., trees
less than 10 inches in diameter for single-trunk trees or less than 20 inches in
diameter for multi-trunk trees) at a replacement-to-removal ratio of 1:1.
Removal of the 67 trees, including 15 Town-protected trees, would not
significantly affect off-site shade or adversely affect privacy between properties
due to the site's topography, the other trees that would remairy and the locations
of the trees in relation to other properties.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk (*) ir, the left-hand column are standard project
conditions of approval.
Conditions of approval typed in itølicized text are mitigation measures derived from the
Environmental lmpact Report prepared for the project.
PAGE 9 OF RESOLUTION NO. 2019.05
Unless otherwise specified, the following conditions shall be complied with prior to
recordation of the final map for the project or the issuance of grading permits or
building permits (as determined appropriate by the Planning Division). Each item is
subject to review and approval by the Planning Division unless otherwise specified.
A. GENERAL
1 This approval is for Preliminary Development Plan - Rezoning request
(LEG10-0004), Major Subdivision request (DEV10-0071), Final
Development Plan request (DEV10-0072), and Tree Removal request
TR10-0028 which would collectively serve to: 1) rezone the property from
A-4; Agricultural Preserve District, A-2; General Agric.ultural District, and
P-1; Planned Unit Development District to P-1; Planned Unit
Development District; 2) approve the subdivision of the 410 + / - acre site
to create 69 single family residential lots and associated parcels; 3)
authorize 10% of the lots created to include a accessory dwelling unit
("casita");4) provide for architectural design and landscape details for the
development, and; 5) authorize the removal of L5 Town-protected trees (a
total of 67 treeswould be removed as part of.the project); and
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
a.Planned Unit Development Site Summary Sheet labeled
lsubdivision 9291, - Magee Preserve," as prepared by Ruggeri-
Jensen-Azar, consisting of one sheet, dated luly 24,2017.
Vesting Tentative Mup labeled "Subdivision 9291' - Magee
Preserve," including Site Plans, Grading Plans, Utility Plans, and
Storm Water Treatment Plans, as prepared by Ruggeri-Jensen- Azar,
consisting of 13 sheets, dated January 22,2019.
Architectural Plans labeled "Magee Preserve," consisting of floor
plans, elevations, roof plans, and details as prepared by Dahlin
Group Architecture and Planning consisting of 39 sheets and dated
January '/..6,2018.
Conceptual Landscape Site Plan labeled "Magee Preserve," as
prepared by Ripley Landscape Architecture Land Planning,
consisting of six sheets, dated November 6,2017.
b
c
d
PAGE 10 OF RESOLUTION NO. 2019-05
*2.
e.Environmental Impact Report dated November,2013, as prepared
by Denise Duffy and Associates, Draft Revised Environmental
Impact Report as prepared by Denise Duffy & Associates dated
August, 2018,'and Final Revised Environmental Impact Report as
prepared by Denise Duffy & Associates dated l|l4ay 2019.
f Preliminary Stormwater Management Plan as prepared by
Ruggeri-Jensen-Azar, dated April 19, 2013.
All Town and other related fees that the property may be subject to shall
be paid by the applicant. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured, and shall be
paid as listed below:
The following fees are due at final map approval for the above-mentioned
project:
Map Check Fee (71, parcels) .............................. $ 7,130.00
Improvement Plan Check Fee.........,3% of cost estimate
Engineering Inspection Fee 5% oÍ cost estimate
Grading Plan Check, Permit & Inspection .............. TBD
Base Map Revision Fee (71 parcels) ................$ 6,674.00
Excavation Mitigation Fee (Green Valley) ...$ 82950.00
The following fees are due at building permit issuance for the above-
mentioned project:
a. Child Care Facilities Fee .................. $ 335/lot
b. Storm Water Pollution Program Fee..................$ 56/Iot
c. FinishGrading Inspection Fee............................$ 84/lot
d. SCC Regional Fee... ......$1,,404/lot
e. Residential TlP Fee.. ......$ 2,000/lot
f . Tri-Valley Transportation Fee........... .........94,457 .63 / Iot
Prior to the recordation of the final map, the applicant shall reimburse the
Town for notifying surrounding residents of the public hearing. The fee
shall be $4,985.00 ($105 + 1,176 notices X $0.83 per notice X 5 mailings).
Prior to any grading or other construction activities, the applicant shall
develop a construction mitigation plan in close coordination with the
Town of Danville staff to assure that construction activities are scheduled
a.
b.
c.
d.
e.
f.
a\J
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PAGE 11 OF RESOLUTION NO.2019-05
b.
to minimize noise disturbance. The following conditions shall be
incorporated into the building contractor specifications.
a.Muffle and maintain all equipment used on site. All internal
combustion engine driven equipm-ent shall be fitted with mufflers,
which are in good condition. Good mufflers shall result in non-
impact tools generating a maximum noise level of 80 dB when
measured at a distance of 50 feet.
IJttIize " quiet" models of air compressors and other stationary
noise sources where technology exists.
c.Locate stationary noise-generating equipment as far as possible
from sensitive receptors when sensitive receptors adjoin or are near
a construction project area.
Prohibit unnecessary idling of internal combustion engines.
Prohibit. audible construction workers' radios
properties.
on adjoining
Restrict noise-generating activities at the construction site or in
areas adjacent to the construction site to the hours between 8:00
a.m. and 5:00 p.m., Monday through Friday.
Do not allow machinery to be cleaned or serviced past 6:00 p.m. or
prior to 7:00 a.m. Monday through Friday.
Limit the allowable hours for the delivery of materials or
equipment to the site and truck traffic coming to and from the site
for any purpose to Monday through Friday between 7:00 a.m. and
6:00 p.m.
Do not allow any outdoor construction or construction-related
activities at the project site on weekends and holidays. Indoor
construction activities may be allowed based on review / approval
of the Town.
d
e.
f
g.
h.
1.
J Allowable construction hours shall be posted clearly on a sign at
each construction site.
PAGE 12 OF RESOLUTION NO.2019.05
k.Designate a Disturbance Coordinator for each of the clustered
development sites for the duration of the Phase L (site work) and
for each home site during the Phase 2 (home building) construction.
Because each home would be constructed individually and would
have its own building permit, a Disturbance Coordinator should be
designated during the construction of each home. The requirement
for a Disturbance Coordinator for each home site should be
incorporated in the CCRs of the development, such that
responsibility of the Property Owners' Association andf or home
builder to designate this Disturbance Coordinator for each lot for
the duration of construction until full site buildout. The
Disfurbance Coordinator shall conduct the following: receive and
act on complaints about construction disturbances during
infrastructure installatiory landslide repair, road building,
residential constructiory and other construction activities;
determine the cause(s) and implement remedial measures as
necessary to alleviate significant problems; clearly post his/her
name and phone number(s) o. a sign at each clustered
development and home building site; and, notify area residents of
construction activities, schedules, and impacts.
Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon
Valley Fire Protection District and the San Ramon Valley Unified School
District have been, or will be, met to the satisfaction of these respective
agencies.
The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee
shall be $2,995.50. In additioru the applicant shall pqy a $50.00
administrative fee. Both checks shall be made payable to the Contra Costa
County Clerk and shall be submitted to the Town within five days of
project approval.
If during the course of project construction, ørchøeologtcal resources or human
remøins are accidentally discoaered during construction, zltork shøll be halted
ruithin 20 feet of the find until a qunlified professionøl archaeologist cøn eualuøte
it. Work shøIl not recommence until the project archaeologist høs submitted
documentation to the Tozon indicating that discouered resources haae been
adequøtely søIaaged and no further rësources haue been identified zoithin the ørea
of disturbance.
,r
,r
4.
5.
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PAGE 1.3 OF RESOLUTION NO. 2019-05
7 Pursuønt to Section 7050.5 of the Health ønd Safeg Code and Section 5097.94 of
the Public Resources Code of the State of Caliþrnia, in the euent of the discoaery
of humøn remøins during construction, no further excaaation or disturbance shall
be conducted on the site or øny nearby area reasonøbly suspected to oaerlie
adjacent remains. The Contra Costø County Coroner shall be notified and make a
determinøtion as to whether the remains øre Natiae American, If the Coroner
determines thøt the remøins are not subject to his authority, he shall notify the
Natiue Americøn Heritøge Commission who shøll øttempt to identify descendønts
of the deceased Natiue American. If no søtisfactory agreement can be reached as
to the disposition of the remøins pursuønt to this Støte løzu, then the land ouner
shøll re-inter the humøn remøins and items associøted with Nøtiae American
buriøls on the property in ølocation not subject to further subsurføce disturbance.
If during the course of project construction, pøleontologicøI resources are
øccidentally discoaered during construction, roork shall be hølted zoithin 20 feet of
the find until ø quølified professionøl paleontologist cøn eaaluøte it. Work shall
not recommence until the project paleontologist hns submitted documentøtion to
the Town indicating that discoaered resources hme been adequøtely salaaged ønd
no further resources høae been identified uithin the øreø of disturbance.
Prior to any construction work on the site, including grading, the
applicant shall install a minimum 3'x3' sign at the project entry which
specifies the allowable construction work days and hours, and lists the
name and contact person for the overall proiect manager and all
contractors and sub-contractors working on the job.
The applicant shall provide security fencing as determined necessary and,
to the satisfaction of the City Engineer and/or the Chief Building Official,
around the construction site during construction of the project.
If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
plan. This plan shall address: off-site improvements to be installed in
conjunction with each phase; erosion control for undeveloped portions of
the site; timing of delivery of emergency vehicle access connections; and
phasing of project grading. No structure shall be occupied until
construction activity in the adjoining area is complete and the area is safe,
accessible, provided with all reasonably expected services and amenities,
and appropriately separated from remaining additional construction
activity. The phasing plan shall be subject to the review and approval of
the City Engineer and Chief of Planning.
8
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*10.
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PAGE 14 OF RESOLUTION NO. 2019.05
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12.
13
1.4.
The applicant shall submit a written Compliance Report, signed by the
applicant, detailing how the conditions of approval for this project have
been complied with as part of the initial submittal for the final map, plan
check, andf or building permit review process (whichever occurs first).
This report shall list each condition of approval followed by a description
of what the applicant has provided as evidence of compliance with that
condition. The report is subject to review and approval by the City
Engineer andf or Chief of Planning and/ or Chief Building Official, and
may be rejected by the Town if it is not comprehensive with respect to the
applicable conditions of approval.
Planning Division sign-off is required prior to final Building Inspection
sign-off.
Atthough the project would not exceed the BAAQMD significance
thresholds, the project shall be subject to the following BAAQMD Best
Management Practices:
All exposed surfaces (e.g., parking areas, staging areas, soil piles,
graded areas, and unpaved access roads) shall be watered two
times per day.
All haul trucks transporting soil, sand, or other loose material off-
site shall be covered.
All visible mud and dirt tracked-out onto adjacent public roads
shall be removed using wet power vacuum street sweepers at least
once per day. The use of dry power sweeping is prohibited.
All vehicle speeds on unpaved roads shall be limited to 15 miles
per hour.
All roads, driveways, and sidewalks to be paved shall be competed
as soon as possible. Building pads shall be laid as soon as possible
after grading unless seeding or soil binders are used.
A publicly visible sign shall be posed with the telephone number of
the person to contact at the Lead Agency regarding dust
complaints. This person shall respond and take corrective action
within 48 hours. The BAAQMD's phone number shall also be
visible to ensure compliance with applicable regulations.
a
b
c
d.
e
f.
PAGE 1.5 OF RESOLUTION NO. 2019-05
15
L6
17
18.
g. All off-road construction equipment shall have at least Tiet 2
engines with Level3 verified retrofits for diesel emissions.
The øpplicant shall pay a school impact fee pursuønt.to the criteriø set forth
ruithin California Goaernment Code Section 65995. Prior to the issuance of
building permits, the applicønt shøll pøy reqaired school mitigøtion fees, subject
to the reaieut ønd approaøl of the Torttn of Dønaille ønd San Ramon Valley
Llnified School District. The fees set forth in Goaernment Code Section 65996
constitute the exclusiae means of both "considering" ønd "mitigating" school
føcilities impacts of projects [Goaernment Code Section 65996(ø)]. They are
"deemed to proaide full ønd complete school føcilities mitigøtion" [Goaernment
Code Section 65996þ)1.
Prior to the issuance of grading permits, the applicant shall retain a
specialist to assess rodent control impacts anticipated to be associated
with grading activity and installation of subdivision improvements. As
deemed necessary, following the Planning Division's review of the
specialisfs assessment, the applicant shall develop and implement a
rodent control plan to reduce impacts to surrounding properties to the
extent reasonably possible for the time periods of heavy construction
activity. The report shall include a schedule for regular rodent inspections
and mitigation in conjunction with the developer and the Town based on
the development schedule for the project. This report shall be subject to
review and approval by the Planning Division.
The applicant shall be responsible for washing the exterior of abutting
residences, and cleaning pools, patios, etc. at the completion of mass
grading activities. The residences to receive cleaning, the extent of the
cleaning efforts to be performed and the timing (and frequency) of such
cleaning shall be subject to review and approval by the Planning Division.
In order to minimize potentiøl humøn heølth høzards nssociated zuith the
historical use of høzørdous møterials on portions of the project site, tLrc project
proponent shall retain a trøined professionnl to prepare ø Site Mønøgement Plan
to møintain the søfety of construction utorkers ønd assure proper management of
any contaminøted soils on the site in accordance utith federal, state and local
reguløtqry requirements. This pløn shall be subject to reaieut and approaal by
Contrø Costø County Health Seruices, ønd eaidence of øpprooøl proaided to the
Tozun of Danaille, prior to the issuønce of øny grading permit, demonstrøting
thøt all necessßry remedial actions haae been completed pursuant to the approued
Site Mønøgement Plan. At ø minimum, the Site Mønøgement Pløn shøll include
1) the collection and chemicøl anøIysis of soil sømples from the former UST
location and 2) excaaation nnd soils chøracterization to confirm thøt sufficient
PAGE 1.6 OF RESOLUTION NO. 2019-05
soils remoaal høs occurred for OCPs and eleaated 4, -DDE at location SB-3, ønd
3) proper remoual ønd disposøl of all høzardous materiøls an the site, including
contaminated soils, chemicøl contøiners obserued in the storage shed, and
herbicides sprøy bottles at an øpproaed disposal føcility.
B. SITE PLANNING
1,
*2
*3.
4.
AIt buildings shall be designed so that reflectiae surføces øre limited, and extenor
tighting is down-lit and illuminøtes the intended area only. Building applications
for neu structures shall include an exterior lighting pløn subject to approaal by
the Toun of Danaille thnt includes the follouting requirements: 1) exterior
lighting shalt be directionøl; 2) the source of directionøl lighting shall not be
directly aisible; ønd 3) aegetatiae screening shall be installed, uthere approprinte.
The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to installation. To the
extent feasible, such transformers shall not be located between any street
and the front of any building.
Any on-site wells and septic systems shall be destroyed in accordance
with Contra Costa County Health Services Department - Environmental
Health Division regulations. Environmental Health Division permit and
inspections for this work shall be obtained. Wells used for irrigation or
cattle may be retained subject to approval of the Contra Costa County
Health Services Department - Environmental Health Division.
Zoningstandards and land uses for the development shall be as follows:
Primary Frontyard Setbacks:
Secondary Front Yard Setbacks:
Rearyard Setbacks:
Sideyard Setbacks:
Aggregate Sideyard Setback:
20'Minimum
15'Minimum
20'Minimum
5'Minimum
15'Minimum
5.
All other development standards, allowed. uses and conditional uses shall
be as listed under the Town s R-10; Single Family Residential District
Ordinance.
As part of the subject P-L; Planned Unit Development District, the
remaining approximately 381 acre undeveloped portion of the site shall be
preserved as permanent open space, and shall be designated as such on
the final map for the project. In addition, the applicant shall dedicate to
the Town of Danville a Scenic Easement covering the undeveloped
PAGE 77 OF RESOLUTION NO. 2019-05
6.
portions of the project site. The scenic easement shall preclude any future
development on the portions of the project site not approved for
development as part of this project. The public trail easement area to be
located along Diablo Road shall be excluded from the scenic easement.
In conformance with t}rre Toutnzttide Trails Møster Pløn dated ]anuary 1989
and the Town's adopted Pørks, Recreation, ønd Arts Strøtegic Plan dated
July,2017, the applicant shall dedicate a public trail easement to the Town
covering the trail from the main entry at Blackhawk Road near Jillian
Way, south along Street "A", west along the north side of Street "8"
(soúth side of Green Valley Creek), then northwest over the proposed
emergency vehicle access (EVA) roadway, and finally west over the
existing agricultural/fire trail along the south side of Diablo Road. The
easement shall terminate at the point where a pedestrian bridge crossing
over Green Valley Creek is possible near the Fairway Drive/Diablo Road
intersection. The easement shall be not less than 20 feet wide with larger
areas where landslide repairs may be needed, where topographic
constraints dictate a wider construction envelope, andf or where the
future pedestrian bridge will be located.
The applicant shall construct a public trail from Blackhawk Road near
Street " A" to a point where the EVA connécts to Diablo Road, as part of
the subdivision improvements. The trail design standard shall be that of a
"Paved TraiL" as described in the Torttmoide Trøils Master Pløn dated
January 1989 and the Town's adopted Pørks, Recreation, and Arts Strategic
PIan dated July, 2017. The trail shall be separate and distinct from any
internal sidewalks within the subdivision. Signage, trash/recycling
receptacles, doggy-bag dispensers, entry gates, and benches shall be
provided as required by the Town according to current design standards.
Maintenance of the trail improvements shall be provided by the project
Flomeowner's Association andf or the GHAD. The Town will have the
responsibility for the future construction of the extension of the public
trail from the EVA west along the south side of Diablo Road, as part of a
future Capital Improvement Project. The exact design/alignment of the
trail and construction timing will be determined by the Town at a future
date.
The applicant shall dedicate a pedestrian access easement to the East Bay
Regional Park District (EBRPD) which links Diablo Road with Sycamore
Valley to the south. The easement shall be a minimum width of 25'wide
and shall generally follow the existing fire trails as shown on plans
referenced under condition of approval 4.1.a. above; The exact alignment
7
8.
PAGE 1.8 OF RESOLUTION NO. 2019.05
9
of the trail shall be subject to review and approval by the Town and the
EBRPD prior to recordation of the final map.
The existing Green Valley Creek culverts along the developments frontage
=^,irh Flinlrln ffnar{ renrrire fhe followinq imnrovement measures to assurevv LLLa v Lqv rv r\vqu ' ' ^-.ı ^^-.r ^
a properly functioning drainage course:
a.
b.
At Clydesdale Drive there exists a double l-O'-wide by 6'-high
reinforced concrete box culvert. The applicant shall remove the
ranch-constructed cattle gate (corrugated sheet metal) that
currently obstructs flows through one of the two adjacent culverts.
At Alameda Diablo there exists a l2'-diameter corrugated steel
structural plate culvert. The applicant shall pay $100,000 toward
the future repair of this facility.
10
c.At the creek crossing located approximately 150 yards west of
Avenida Nueva there exists a l2'-wide by 10'-high reinforced
concrete . box culvert. The applicant shall remove .the ranch-
constructed cattle gate (corrugated sheet metal) that currently
obstructs flows.
The above gtated improvements shall be performed to the satisfaction of
the Engineering Division and shall be done prior to acceptance of the
subdivision improvements.
The developer shall provide a gravel parking area to accommodate rnotor
vehicles in the area on the east side of the project's main entry drive, south
of the bridge. The developer shall complete additional study of this area
with the intent on providing up to eight parking spaces. The final design
of this area shall be subject to review and approval by the Town's Design
Review Board prior to recordation of the final map.
Jr
C. LANDSCAPING
1 Final landscape and irrigation plans shall be submitted for review and
approval by the Planning Division and the Design Review Board. The
plan shall include comrnon names of all plant materials and shall indicate
the size that various plant materials will achieve within a five-year period
of time.
2. All plant material shall be served by an automatic underground irrigationtr
PAGE 1.9 OF RESOLUTION NO.201.9-05
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tr
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4
5
system and maintained in a healthy growing condition.
All trees shall be a minimum of 15-ga11on container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size. A
minimum'of 25% of the true shrubs planted in the project shall be 1"0 or
15-ga11on container size shrubs.
All landscaped afeas not covered by shrubs and trees shall be planted
with live ground cover or covered with mulch. All proposed ground
cover shall be placed so that it fills in within two years.
If site construction activity occurs in the direct vicinity of the on-site and
off-site protected trees which are not approved for removal, a security
deposit in the amount of the assessed value of the tree(s) (calculated
pursuant to the Town's Tree Protection Ordinance) shall be posted with
the Town prior to the issuance of a gtading permit to maximize the
probability that the affected trees will be retained in good health. The
applicant shall be required to secure an appraisal of the.condition and
value of all such potentially affected trees. The appraisal shall be done in
accordance with the current edition of the "Guide for Establishing Values
of Trees and Other Plants," by the Council of Tree and LandscaPe
Appraisers under the auspices of the International Society of
Arboriculture. The appraisal shall be performed by a Certified Arborist,
and shall be subject to review and approval by the Chief of Planning. A
tree preservation agreement shall be prepared and shall be submitted for
review and approvalby the Planning Division that outlines the intended
and allowed use of funds posted as a tree preservation security deposit.
That portion of the security deposit still held by the Town two full
growing seasons after project completion shall be returned upon
verification that the trees covered by the deposit are as healtþ as can be
provided for under the terms of the approved tree preservation
agreement.
A minimum of two street trees per lot (three for corner lots) shall be
incorporated into the final landscape and irrigation plan for the project.
The proposed open wire fencing shall include a rigid and durable top bar
to prevent the fãnce from sagging. A1l applicant=installed fencing shall be
subject to review and approval by the Planning Division and the Design
Review Board as part of a Final Fencing Location, Design and
Construction Details submittal.
6
7
PAGE 20 OF RESOLUTION NO.2019-05
D
8
9
1
2.
The project's homeowner's association shall be responsible for the
maintenance of all landscaping within the public right-of-way along
Blackhawk Road at the main project entry.
The projecfs stormwater detention facility shall be fenced and gated to
prevent public access into it. The fence design shall be subject to review
and approval by the Town's Design Review Board prior to recordation of
the final map.
Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project. Six full size sets of construction drawings
for the project shall be submitted to the Planning Division for design
review concurrent or prior to, the applicant initiating the Building
Division plan check process.
All ducts, meters, air conditioning andf or any other mechanical
equipment whether on the structure or on the ground shall be effectively
screened from view with landscaping or materials architecturally
compatible with the main structures.
3.The street numbers for each building in the project shall be posted so as to
be easily seen from the street at all times, day and night by emergency
service personnel. If the street numbers are under four inches in height,
they shall be illuminated consistent with the Uniform Building Code.
4.Samples of final materials and the proposed color palette shall be
submitted for review and approval by the Design Review Board prior to
the issuance of building permits for the project.
If project entry signage for the development is desired, a Sign Review
permit shall be submitted to the Town for consideration under a separate
application.
6 The location, design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Design Review
Board and the local Postmaster.
7. The development of Lots 1., 67, 68, and 69 of this subdivision shall be
tr
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5.
PAGE 21. OF RESOLUTION NO. 201.9.05
E. BIOLOGICAL
1
a.
2.
'Tho øvniorl øv^ønøoø¡ chnll i'vønleøtenf lhp fnllnzt¡ino mpnslrpÊ ¡lurinçt ,Lv yt vJtt. J"--".'-'-ö ----. "'ô
construction actiaities in or ølong East Brønch Green Vølley Creek to øzsoid take
of indiaidual CRLF:
ø. Prior to the størt of construction, the project proponent shøIl retøin ø
quølified biologist to trøin all construction personnel regarding habitøt
sensitiaity, identifcøtion of special støtus species, and required prøctices.
b. Prior to the start of construction, the project proponent shøll retain a
qualified biologist to conduct pre-construction sur?eys to ensure that
CRLF øre øbsent from the construction areø. If CRLF øre present, a
quølified biologist possessing all necessøry permits shall relocate them or
they shallbe øIloued to moae out of the construction øreã on their outn.
c. Immediøtely folloruing the pre-construction surveys and a determination
that CRLF are not present in the construction zonq the construction zone
shall be cleared and silt fencing erected and maintøined øround
construction zones to preuent CRLF from mooing into these øreãs.
d. The project proponent shøIt retøin a quatified biologicøl monitor to be
present o;nsite during times of construction ruithin the riparian høbitat of
East Branch Green Vølley Creek to ensure no CRLF øre hørmed, injured,
or killed during projectbuildout.
The project uould impøct approximately 0.3 acres of moderate-quølity riparian
habitøt resulting from construction of the aehiculør bridges across Eøst Brønch
Green Vølley Creek. The project shøll repløce the lost oølue of this impact by
restoring the impøcted ripøriøn hnbitat øt ø minimum 'l-:1 replacement-to-loss
ratio. (Final mitigation amounts ruill be based on øctual impacts to be determined
during the design phase.) This shall be accomplishedby restoring ripariøn høbitnt
øt the four folloruing locations:
The existing uet crossing ønd øsphølt neør the pønhøndle (.e., uthere the
nezu bridge is to be constructed) shøll be remoaed. The silt and sediment
buildup behind and ødjacent to the utet crossing and øsphnlt shall also be
remoaed and the creek bed shøll be lozuered to restore the natural floru of
this portion of the creek.
limited to single story homes only.
The existing crossing from Søn Andreas Driae shøll be remoaed and the
creek restored in this area.
b
PAGE 22 OF RESOLUTION NO. 2019-05
c.The tr.uo existing cøttle grates on Magee West near the existing culaerts
shall be remoued. One of these is causing sediment build up and adaersely
impøcting the creek. The natural flozu of this chønnel shallbe restoredbøck
to its original condition prior to the originøl instnllation o! the grates.
d.The ripøriøn corridor along the Enst Branch of Green Valley Creek uill be
enhanced uith suitøble planting ønd plncement of riparian aegetation along
the proposed trail on Møgee East. Approximately 2 acres along Eøst
Brønch Green Valley Creek beftoeen the creek and the trail is øaailøble to
accommodøte the minimum 0.3 acres of ripørian enhøncement plantings.
The enhøncement ørea shall be plønted utith nøtiae species appropriøte for
the corridor.
The project zttould impøct øpproximately 0.5 øcres of jurisdictionøl uaters thøt øre
of a degraded quølity and marginnl aølue for the CRLF. The project shall repløce
the lost functions and aalue of this impact to aquatic habitats at a minimum of 1:L
repløcement-to-loss øcrenge røtio. The final mitigation ømounts roill be bøsed on
øctual impacts to be determined during the design phase. Habitat repløcement aia
creøtion of and/or enhancements to existing u¡aters'shall occur onsite. Onsite
lands proposed to be preserrsed as open space are ruithin the same utatershed ns the
offtitt detention bøsin knozttn to support breeding CRLF and øre expected to fully
øccommodate creøtion of and/or enhancements to aquøtichøbitats that zuouldbe of
substøntially higher oalue to CRLF thøn the impøcted utaters. Compensøtion þr
impacts to jurisdictional utøters to benefit the CRLF will include all of the
aþrementioned components discussed under "Compensøtion: riparian
restoration," along utith improaing the uetlønd character of the onsite stock pond
ønd enhøncing the øssociated ripariøn habitøt betzueen the stock pond ønd the
detention basin. (Refer also to mitigøtion measures 4.4-1,3 ønd 4.4-L4 below for
imp øcts to jurisdictional w aters.)
The project proposes to preserae approximately 381 øcres of the project site øs
open spøce. Areas to be preserued ruouldbe placed under ø conseroation eøsement
or deed restriction to prohibit construction and preserve conseruation uølue. The
project proposes to creøte ø geologichøzard abøtement district (GHAD) to proaide
suitable funding for management and long-term møintenønce of the site. Upland
høbitøts shøll be managed aia a long-term management pløn to møintøin the
quality of the høbitøt for the moaement ønd dispersal of CRLË. Prior to
construction, the project proponent shøll retøin a quølified biologist to prepare an
open spüce management plan for the explicit purpose of manøging and
monitoring the proposed open spøce area. This plan shall be submitted to the
Toutn of Danzille for reaiero ønd approoal prior to issuance of grading permits.
At n minimum this pløn shall include the folloruing components:
J.
4.
PAGE 23 OF RESOLUTION NO. 201"9-05
ø.
b.
Identify the location of the restorøtion ffirts for replacing jurisdictionøl
zuøters and riparian høbitøts. The repløcement ratio for both habitøts toill
be at ø minimum of ø 1:1 ratio.
Identifu the approaches to be used, inctuding the extent that the onsite
stock pond be expanded, reconfiguring of {fte pond bottom and incrense in
depth, ønd proaiding eaidenct lnøt suff¡cient utøter budget exist for any
proposed enhnncement.
Identify a suitøble planting regime for restoring utetland and ripøriøn
høbitøts.
Identifu success criteriø for monitoring both the ruetland and riparian
høbitats that øre consistent uith similør habitøts regionally.
Monitor restored zoetland habitats for at leøst fiae years and restored
rìpørianhøbitats for 10 yeørs.
Define andidentify thÊ GHAD maintenønce øndmønøgement actiaities to
mønage the open spøce høbitøts to meet the støted goals of support høbitat
characteristics suitøble for the CRLF. This tuould include suitøble fencing
so øs to control access, limited cøttle grøzing or other procedures to
ffiønage grøss height and forage production at leoels thøt benefit the
CRLF, and remoaøl of trash.
Define the financiøl mechanism for the GHAD to mønage the open
space into perpetuity.
C.
d
e
f,
(,ô
5 Prior to the start of construction, the project proponent shøIl retøin ø qualified
biologist to trøin construction personnel regørding habitøt sensitiuity,
identiflcøtion of speciøl status species, ønd required practices.
Prior to the størt of construction zuithin the East Brønch Green Valley Creek
ripørian areø, the project proponent shall retøin ø qualifed biologist to conduct
pre-construction suroeys to ensure that zoestern pond turtles are absent from the
construction ørea. If ruestern pond turtles are present, ø qualified biologist
possessing øIl necessdry permits shøll be retained to relocate them.
If utestern pond turtles are found to be absent from the construction zone,
immediately follouing the pre-construction suraeys the project proponent shøll
cleør the construction zone ønd instøll/maintain silt fencing øround the
construction zone to preaent utestern pond turtles from entering these øreøs.
During construction ruithin the Eøst Branch Green VøIIey Creek ripariøn area,
the project proponent shøll retain a biological monitor to be present onsite during
times of construction to ensure that turtles are not harmed, injured, or killed.
6.
7
8
PAGE 24 OF RESOLUTION NO. 2019-05
9 To the maximum extent prøcticøble, the project proponent shall remoae trees
during the non-breeding seøson (September 1 through lnnuary 3L). If it is not
possible to øooid tree remoaøl and associøted disturbances during the breeding
season (Februøra 1 through August 3'1.), the proiect proponent shøll retøin n
qualified biologist to conduct a pre-construction surrey for tree=nesting røptors
and other tree- or ground-nesting migratory birds in øll trees or other areas of
potential nesting høbitat zoithin the construction footprint and 250 feet of the
footprint, if such disturbance utould occur during the breeding season. This
suft)ey shøll be conducted no more than L4 døys prior to the initiøtion of
demolition/construction øctirtities during the eørly pørt of the breeding season
(February through April) ønd no more than 30 days prior to the initiation of these
øctiaities during the late part of the breeding seøson (Møy through August). If
nesting raptors or migrøtory birds are detected on the site during the suraey, ø
suitable construction-free buffer shøll be estøblished around all øctiae nests. The
precise dimension of the brff , (ø minimum of 150 feet up to a maximum of 250
feet) shnll be determined øt thøt time and møy uary depending on location and
species. Buffers shall remnin in place for the durøtion of the breeding seãson or
until it høs been confirmedby a qualifiedbiologist that all chicks hnae fledged and
are independent of their parents. Pre-construction suraeys during the non-
breeding season are not necessnryt as the birds are expected to abandon their
roo sts during construction øctiaitie s.
In order to øaoid impacts to actiae burrowing outl nests, the project proponent
shøIl retain ø qualified biologist to conduct pre-construction suraeys for
burrouting owls utithin the construction footprint and within 250 feet of the
footprint no more than 30 døys prior to the onset of ground disturbance. These
sulveys shall be conducted in a mnnner consistent uith the CDFG's burrouting
orul suraey methods (CDFG 2012b). If pre-construction surceys determine thøt
burroruing owls occupy the site during the non-breeding seøson (September L
through January 31), then ø passiae relocøtion ffirt (e.g,, blocking burrows zoith
one4L)øy doors and leauing them in place for a minimum of three døys) may be
used to ensure that the oulls are not harmed or injured during construction.
Once it høs been determined that ontls høae aacnted the site, the burrous can be
collapsed, and ground disturbance can proceed. If burrouting or.ols are detected
within the construction footprint or immediøtely adjacent lands (i.e., within 250
feet of the footprint) during the breeding season (February L through August 3L),
ø construction-f'ree bufft of 250 feet shall be estøblished øround øll øctiue oul
nests. The buffer areø should be enclosed utith temporary fencing, ønd
construction equipment and utorkers møy'not enter the enclosed setback nreøs,
Buffers must remøin in pløce for the duration of the breeding season or until it
has been confirmed by a qualified biologist thøt all chicks hate fledged and øre
independent of their pørents. After the breeding seøson, pnssiae relocøtion of any
remøining outls møy tøke place øs described øbozte.
10.
PAGE 25 OF RESOLUTION NO.2019-05
11.
12.
Pre-construction surveys conducted for burrortting outls shøll ølso be used to
dBtermine the presence or øbsence of bødgers in the deaelopment footprint. If øn
øctiue bødger den is identified during pre-construction sulz)eys utithin or
immediately adjacent to the construction enaelope, the project contractor shøll
establish ø construction-free buffr, øround the den of up to 300 feet or a distance
specifiedby the resource agencies (i,e., CDFG). Becøuse badgers are knoutn to use
multiple burrouts in ø breeding burrout complex, the project contrøctor shøIl
retain a biologicøl monitor during construction actiaities to ensure the bffir is
adequøte to øaoid direct impacts to indioiduals or nest abandonment. The
monitor shøll be present onsite until it is determined thøt young are of an
independent age and construction actiaities ruould not harm indiaiduøl bødgers.
Once it høs been determined that badgers haae uøcated the site, the burrours can
be collapsed or excaaøted, ønd ground disturbance cøn proceed.
The project proponent shøll replace rttetland ønd riparian hnbitøt øt ø 1:L
repløcem.ent-to-loss røtio. It is expected that all compensation measures can be
accommodated uithin the 38L acres of the site proposed øs open spøce. Prior to
issuance of a grading permit, the project proponent shall retain a qualified
biologist to prepare an onsite habitøt mitigation and monitoring pløn (HMMP)
thøt includes both øn aquøtic høbitøt res,toration pløn and a ripørian høbitat
restorøtion pløn. The HMMP zoould specifically øddress the utetland and rþarian
habitøts and is separøte from the Open Space Mnnøgement Plan identified in
Mitigation 4.4-4, øIthough there mny be some ozserløp. The HMMP shall include
the following components, at a minimum:
Define the location of all restoration/creation actiaities;
Proaide eaidence of a suitøble zttater budget to support øny created
rue tland ønd rþ arian høbitats ;
Identifu the species, ømount, andlocntion of plønts to be installed;
Identify the time of year for planting and method for supplementøI
roatering during the establishment period;
Identify the monitoring period, urþ¡r¡ should be not less than 5 yeørs for
zuetlønd restoration ønd not less than '1-0 years for riparian restoration,
defines success criteriø thøt tuill be required for the zttetland restoration to
be deemed n success;
Identify adøptiae managernent procedures that include þut are not limited
to) meøsures to address colonizøtion by inaøsiae species, unexpected løck
of water, excessiae foraging of installed zoetland plants by natiae ruildlife,
and similar;
ø.
b.
c.
d.
e
f.
PAGE 26 OF RESOLUTION NO. 2019-05
oô
h.
Define management ønd møintenance actittities (tueeding of inaøsirtes,
proaiding for supplementøl utøter, repair of ruøter deliaery systems) of the
proposed GHAD; ønd
Proaide þr øssurance in funding the monitoring and ensuring that the
creøted uetlnnd and ripørianhabitøts fall ruithin lands to be preseraed and
managed into perpetuity. Confirm thøt the proposed GHAD ruill meet
the s e r e sp onsib ilitie s.
The project proponent shøll comply with all state ønd federal regulations related
to construction utork thøt will impact aquøtic habitøts occurring on the site.
Prior to construction, the project proponent shøll obtøin a Section 404 Cleøn
Water Act permit from the I]SACE, Section 401 Water Quality Certiflcøtion
from the RWQCB, ønd/or Section L600 Streømbed Alterøtion Agreement from
the CDFG, and submit proof of such documentøtion to the Toutn of Dønaille.
Prior to issuance of a grøding permit, n tree preseraation pløn shøII be prepared
for øll trees to be retained that identifies ølI protection ønd mitigøtion measures to
be tøken ønd includes the tree preseraation guidelines by HortSciehce in their tree
report(s). These measures shøll remøin in pløce for the durøtion of construction
actiaities øt the project site.
IJpon completion of construction, the project proponent shall replace all
ordinønce-size trees to be remoaed ruith approaed species "of ø cumulathse
number ønd diameter necessary to equal the diam:eter of the tree(s) zuhich øre
approaed for remozsal" in accordance ruith the ToTLtn's tree ordinance. Tree
remoaal shall be conducted in øccordønce ntith the Torttn's requirements,
including plønting a mixture of small and lørge box trees to meet the cumulatiae
diømeter number of the remoaed trees. The project proponent shøll repløce all
non-ordinance-size trees (i.e., trees less than 1-0 inches in diameter for single-
trunk trees or less than 20 inches in diømeter for multi-trunk trees) at ø
replncement-to-remoaal røtio of L:1. To the møximum extent practicøble, all
natiae trees that are remoaed shalt be replnced uith like species. All non-natiae
trees that are remoaed shøll be replaced rcith species that øre knoutn to occur
naturally ruithin similar habitøts in the region.
Prior to construction, the project proponent retain ø quølified ørborist to deaelop ø
monitoring plan for repløcement trees (outside the ripariøn høbitøt) and submit it
to the Toron of Dønaille during the permit process. The basic cornponents of the
monitoring pløn shall include finøl success criteria, specific performønce criteriø,
monitoring methods, døtø analysis, monitoring schedule, contingency/remedial
meøsure s, and rep or tin g re quirements.
13.
1,4.
15.
16.
PAGE 27 OF RESOLUTION NO. 201,9-05
17.
GRADING
1
2.
3
4.
5.
For tree remoaal necessitøted by the improaements to the Diøblo Roød/Green
Valtey Road intersection, the project shøll implement Conditions of Approaal 14-
L6 øboae, øs øpplicable.
F
,r
tr
Any grading on adjacent properties will require prior written approval of
those property owners affected.
At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site, to the homeowner associations of
nearby residential projects and to the Town of Danville Development
Services Department, a notice that construction work will commence. The
notice shall include a list of contact persons with name, title, phone
number and area of responsibility. The person responsible for maintaining
the list shall be included. The list shall be kept current at all times and
shall consist of persons with authority to initiate corrective action in their
area of responsibility. The names of individuals responsible for dust, noise
and litter control shall be expressly identified in the notice.
Development shall be completed in compliance with a detailed soils
report and the construction grading plans prepared for this project. The
engineering recoÍunendations outlined in the project specific soils report
shall be incorporated into the design of this project. The report shall
include specific recommendations for foundation design of the proposed
buildings and shall be subject to review and approval by the Town's
Engineering and Planning Divisions.
Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report
shall be submitted for review and approval by the City Engineer. It shall
be accompanied by an engineering and geological opinion as to the safety
of the site from settlement and seismic activity.
In order to øaoid unter quality impncts, n Storm Wøter Pollution Preaentton
Plnn (SINPPP) shall be prepared for the site prepøration, construction, and post-
construction periods. The SINPPP shall incorporate best mønøgement practices
consistent ruith the requirements of the Nøtional Pollution Dischørge Eliminøtion
System (NPDES) Municipal Stormzoater permit (I{o. CA56L2008). The proiect
proponent shøll obtøin a NPDES Generøl Construction Permit and prepøre the
SWPPP in øccordance utith øll legøI requirements, prior to the issuance of ø
*
*
PAGE 28 OF RESOLUTION NO.2019-05
t6
grøding permit. Additional requirements for erosion control are detøiled in
mitigøtion measure 4.6-1 in 4.6 GeotechnicøI and Gealagic Hazørds.
All new development shall be consistent with modern design for
resista-nce to seismie forces. All new development shall be in accordance
with the Uniform Building Code and Town of Danville Ordinances.
All cut and fitl areas shall be appropriately designed to minimize the
effects of ground shaking and settlement.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
If toxic or contaminated soil is encountered during constructiory all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/ ot treatment of any
contaminated soil shall meet all federal, state and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials.
Runoff from any contaminated soil shall not be allowed to enter any
drainage lacility, inlet or creek.
In order to minimize potential impacts from landslides, final project
design plans shall incorporate the recommendations in the preliminary
geotechnical report (Appendix, which includes the following corrective
measures:
a. Landslide avoidance;
b. Construction of catchment areas between landslides and proposed
improvements;
c. Partial landslide debris removal and buttressing with engineered
fill; and
d. Complete landslide debris removal and replacement as engineered
fill
The table below sets forth the required mitigation measures by landslide
area (shown in Figure 4.6-2 of the Draft EIR).
*
*
tr
7
8.
9
10.
11,.
PAGE 29 OF RESOLUTION NO. 2079.05
Landslide Mitigation
1
Partial landslide removal and buttressing with
engineered fill
2
Construction of catchment areas between landslides and
proposed improvements
3
Partial landslide removal and buttressing with
engineered fill
4
Construction of catchment areas between landslides and
proposed improvements
5
Complete landslide removal
engineered fill
and replacement as
6
Complete landslide removal and replacement as
ensineered fill
7 Complete landslide removal
engineered fill
and replacement as
8-1,6 Landslide avoidance
12.
Corrective grading for custom lot areas outside the proposed grading
envelopes shall be evaluated when more detailed plans are available.
Detailed 4O-scale corrective grading plans for the entire project will be
prepared when project grading plans have been finalized. Final plans
showing the identified recommendations shall be submitted to the Town
of Danville for review and approval prior to issuance of a building permit.
In order to minimize potential impacts from expansive soils, final project
design shall incorporate the lecoÍunendations in the preliminary
geotechnical report (see Appendix E of the Draft EIR) that include special
measures for mitigating adverse impacts from expansive soils, as follows:
a. Conditioning the expansive soils to higher moisture content during
site preparation and grading.
b. Supporting the houses on structural slab foundations designed to
withstand potential movements of expansive soils.
c. Presoaking the near-surface expansive soils prior to concrete
placement for the slab foundations.
d. Conditioning the expansive subgrade soils in exterior concrete
flatwork area to higher moisture content prior to the placement of
PAGE 30 OF RESOLUTION NO.2019-05
13
baserock or concrete (if the flatwork is supported directly on the
subgrade).
e. Providing surface d¡ainage away from the house foundations and
draining the rainwater collected on the roof through pipes
connecting to the adjacent storm cirains.
The final project plans incorporating all the finalized geotechnical
reconunendations shall be submitted to the Town of Danville for review
and approval prior to issuance of a building permit.
Prior to any grading or other construction activities, the applicant shall
develop a construction mitigation plan in close coordination with the
Town of Danville to minimize noise disturbance. The following conditions
shall be incorporated into the building contractor specifications.
Muffle and maintain all equipment used on site. All internal
combustion engine driven equipment shall be fitted with mufflers,
which are in good condition. Good mufflers shall result in non-
impact tools generating a maximum noise level of 80 dB when
measured at a distance of 50 feet.
a.
d.
e.
b
c
I
g
Utilize "qrJiet" models of air compressors and other stationary
noise sources where technology exists.
Locate stationary noise-generating equipment as far as possible
from sensitive receptors when sensitive receptors adjoin or are near
a construction project area.
Prohibit unnecessary idling of internal combustion engines.
Prohibit audible construction
properties.
workers' radios on adjoining
Restrict noise-generating activities at the construction site or in
areas adjacent to the construction site to the hours between 8:00
a.m. and 5:00 p.m., Monday through Friday.
Do not allow machinery to be cleaned or serviced past 6:00 p.m. or
prior to 7:00 a.m. Monday through Friday.
PAGE 31. OF RESOLUTION NO.2019.05
h.
k.
1.
Limit the allowable hours for the delivery of materials or
equipment to the site and truck traffic coming to and from the site
for any purpose to Monday through Friday between 7:00 a.m. and
6:00 p.m.
The allowable hours for delivery of materials and equipment to the
site and truck traffic coming to and from the site for any purposed
shall be further limited to avoid the area's peak morning and
afternoon weekday school commute hours of 7:00 a.m. and 9:00
a.m. and 2:00 p.m. and 4:00 p.m.
Do not allow any outdoor construction or construction-related
activities at the project site on weekends and holidays. Indoor
construction activities may be allowed based on review /approval
of the Town.
Allowable construction hours shall be posted clearly on a sign at
each construction site.
Designate a Disturbance Coordinator for each of the clustered
development sites for the duration of the Phase 1 (site work) and
for each home site during the Phase 2 (home building) construction.
Because each home would be constructed individually and would
have its own building permit, a Disturbance Coordinator should be
designated during the construction of each home. The requirement
for a Disturbance Coordinator for each home site should be
incorporated in the CCRs of the development, such that
responsibility of the Property Owners' Association and/ ot home
builder to designate this Disturbance Coordinator for each lot for
the duration of construction until full site buildout. The
Disturbance Coordinator shall conduct the following: receive and
act on complaints about construction disturbances during
infrastructure installatiory landslide repair, road building,
residential constructiory and other construction activities;
determine the cause(s) and implement remedial measures as
necessafy to alleviate significant problems; clearly post his/her
name and phone number(s) ot a sign at each clustered
development and home building site; and, notify area residents of
construction activities, schedules, and impacts.
PAGE 32 OF RESOLUTION NO.201,9-05
*
14.
G. STREETS
1
tr 2.
*3.
*4
ú 5
Concurrent with the submittal of the final grading plans, the applicant
shall submit a plan detailing all retaining walls greater than three feet in
height in the project. Details shall include wall height, design,
construction materials, and method of provision for drainage behind the
walls. The plans shall also depict which retaining walls will be
maintained by the homeowners association. Final wall design shall be
subject to approvalby the Planning Division prior to issuance of grading
permits.
The applicant shall obtain an encroachment permit from the Engineering
Division or the Contra Costa County Public Works Department prior to
cotrunencing any construction activities within any public right-of-way or
easement.
Street signing shall be installed by the applicant as may be required by the
City Engineer. Traffic signs and parking restriction signs, which may be
required to be installed, shall be subject to review and approval by the
Transportation Division and the Police Department.
All mud or dirt carried off the construction site onto adjacent streets shall
be swept each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
A.y damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This
shall include slurry seal, overlay or street reconstruction if deemed
warranted by the City Engineer.
All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards andf or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to
the City Engineer an up-to-date title report for the subject property.
Handicapped ramps shall be provided and located as required by the City
Engineer.
¿6
PAGE 33 OF RESOLUTION NO. 2OL9-05
tr
*
tr
7
8
9
10
11..
12.
Public streets shall be improved to the standards in #G.5. above. Private
streets shall be improved to public street structural standards. Private
street improvements, and their dimensions, shall be as shown on the
project plans identified in #A.1. above and shall conform to Standard Plan
1fiA, q R'll.
The Project shall be required to stripe curbs and install any necessaly
parking or circulation signage, as determined by the Transportation
Division.
Prior to the approval of the Improvement Plans, Danville Transportation
Division shall review and approve the locatiorç type and design of the
speed control device, as well as, the locations and number of signage and
striping.
If øpproaed by Contrø Costa County, install a trffic signal at the intersection of
Diabto Roød/Blackhmuk Road €i Mt. Diøblo Scenic Bouleaørd at the applicant's
expense.
The project proponent shall modify the roadway striping along McCauley
Road between the intersection and approximately 350 feet south of Diablo
Road/Green Valley Road. The modified roadway striping shall
substantially conform to the following: a) reconfigure the existingl7-Íoot
southbound through lane to a 10-foot shoulder and a l2-loot through lane;
b) replace the existing 3-foot double-double yellow centerlines with a
single double yellow center-line; c) maintain the existing 10-foot
northbound left turn lane while shifting it two feet toward the easterly
curb line; d) reduce the existing 1,6-foot northbound through/righL turn
lane to 13 feet; and e) transition existing downstream (to the south)
centerline /leÍt tarn lane on McCauley Road accordingly to accommodate
the new configuration, as illustrated at page 4.3-44 of the Draft REIR.
The project proponent shall install a new pedestrian crossing and
supplemental pedestrian-actuated warning system at the project main
entrance on Blackhawk Road. The crossing shall physically connect the
project's pedestrian traffic to the existing paved pathway located along
the north side of Blackhawk Road. The project proponent will be
required to submit improvement plans to Contra Costa County for
review and approval. If Contra Costa County elects not to maintain the
selected pedestrian safety improvement, then said maintenance shall be
provided by the project Homeowner's Association.
PAGE 34 OF RESOLUTION NO. 2019-05
13.
1,4.
15
16
17
The applicant shall apply for a Large Road Encroachment Permit from
Contra Costa County Public Works for the construction of the intersection
of Appaloosa Street with Blackhawk Road. The applicant shall contact the
Engineering Services Division of the County Public Works Department
ß)5-?13-?000\ fo nrocess a Road Acceotance Asreement alons with the--, -- .r------ -- r o a
review of plans associated with the encroachment permit. The application
shall include the applicant's proposal to close off Jillian Way to create a
single point of ingress/egress to Blackhawk Road.
No construction work requiring closure or detour from any portion of
Diablo Road or Blackhawk Road shall be performed during the morning
or evening commute hours, or on weekends or holidays. Commute hours
shall be assumed to be between the hours of 6:00 a.m. and 10:00 a.m. and
between 3:00 p.m. and 7:00 p.m.
According to the Final Map for SubdivisionT9SS (recorded on June 3,1999
in Book 392 of Map at Pages 47-48), temporary right-of-way was granted
to the Town across a portion of Lot 6 in order to provide the residents of
]illian Way.access to Blackhawk Road. A note on the map indicates that
the Town will abandon this right-of-way and give fee title back to Lot 6
when alternative access is provided through the adjoining property to the
east. Since the applicant's development project seeks to grant alternative
access to the jillian Way residents and seeks to close-off the access through
Lot 6 to Blackhawk Road, the applicant shall provide the Town with a
legal description and plat map to effectuate the abandonment.
The applicant shall establish a fund (with a preset amount of $30,000) that
shall be used to subsidize TRAFFIX use or other transportation programs.
The applicant shall make an offer of dedication to the Town
approximately 25 feet of frontage along the project site's Diablo Road
fr-ontage from the Diablo Road/McCauley Road intersection easterly to
the intersection of the projecfs Emergency Vehicle Access/pedestrian
trails and Oiablo Road (approximately 7,200linear feet). The exact width
of the dedication shall be subject to review and approval by the City
Engineer prior to recordation of the Final MaP.
The project shall be required to install two solar powered radar signs
along the project site's Diablo Road frontage. The exact location shall be
determined by the Town prior to recordation of the final map.
18
PAGE 35 OF RESOLUTION NO.201"9.05
*
H. INFRASTRUCTURE
Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
water system in accordance with the requirements of the District.
All wastewater shall be disposed into an existing seweÍ system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
Drainage facilities and easements shall be provided to the satisfaction of
the City Engineer andf or the Chief Engineer of the Contra Costa County
Flood Control & Water Conservation District.
In order to reduce zttind and utater erosion on the project site, an erosion control
plan ønd Storm Wøter Pollution Preaention Plan (SINPPP) shøll be prepared for
the site preparntion, construction, ønd post-construction periods (see mitigation
measure 4.8-1.).
The project shall prepare an erosion control plan in accordance tuith the Torttn's
Erosion Control Ordinønce. The project proponent shøll implement the folloruing
meøsureq uthere øppropriøte, to control erosion: 1) keep construction machinery
off of established aegetøtion as much as possible, especiøIly the aegetation on the
upruind side of the construction site; 2) establish specific access routes at the
planning phase of the project, and limits of grøding prior to deaelopment, ruhich
should be strictly obseraed; 3) utilize mechanical measures (i.e., utalls from sand
bags ønd/or utooden sløt or føbric fences) to reduce sønd moaement; 4) immediate
re-aegetøtion (plus the use af temporøry stabilizing sprays), to keep sand
mouement to a minimum; ønd 5) for larger-scøle construction, fnbric or zttooden
sløt fences should be placed around the construction locøtion to reduce sand
moaement. This erosion control plan shall be submitted to the Tozun of Danaille
for reaieut ønd øpproaal prior to issuance of n grødingpermit.
lt
*
tr
ìb
1
2.
ıJ
5
6.
4.
7
Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage Íacility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
Any portion of the drainage system that conveys runoff from public
streets shall be installed within a dedicated drainage easement or public
street.
If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
ìk
PAGE 36 OF RESOLUTION NO. 2019-05
*
*
*
tr
8
9
10.
11
13.
a.
The applicant shall furnish proof to the City Engineer of the acquisition of
all necessary rights of entry, permits andf or easements for the
construction of off-site temporary or permanent road and drainage
imnrn¡zomonfcurll/rvvLrll!¡lLù.
All new utilities required to serve the development shall be installed
underground in accordance with the Town policies and existing
ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards or in public streets.
All utility distribution facilities, including but not limited to electric,
communication and cable television lines, within a residential or
commercial subdivision shall be underground, except as follows:
Equipment appurtenant to underground facilities, such as surface
mounted transformers, pedestal mounted terminal boxes and meter
boxes, and concealed ducts;
12.
b. Metal poleS supporting street lights.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
Prior to the recordation of the final møp for each phnse of deoelopment, tlte
øpplicant shnll submit detailed design-Ieuel infrastructure drarttings approaed by
tlrc East Bay Municipøl Utility District to the Toutn of Dønaille for reaiew ønd
øpproaal All neu¡ utøter supply infrnstructure shall be designed in øccordønce
ruith all øpplicable East Bøy Municipøl Utility District specifications. AII ruøter
supply infrastructure plans shall be reaiezued and approaed prior to final map
recordation.
The East Bay Municipøl Utility District mnintains ø right-of-tuay (R/W 1581)
through the project site, uhich proaides access to the Green Vølley Reseraoir. In
order to øaoid potential effects to Eøst Bay Municþal Utility District's existing
operations, the final map shøll clearly delineate øll knorun eøsements, including
Eøst Bay Municipal Utility District's right-of-uay $/W L581), Any and all
actiaities proposed within the right-of-zuay shøll be coordinøted with East Bay
Municipal Utitity District. This eøsement shøll be reflected in øIt finat design-
leael improaement pløns ønd appropriate notes shøll also be included, subject to
the reuieru and øpproaal of the East Bay Municipøl Utility District and the Toutn
of Danuille.
PAGE 37 OF RESOLUTION NO. 2OL9-05
1.4.
I. MISCELLANEOLTS
1
*2.
*3
The final map for the applicant shall abandon all abutters rights to the
project site along Diablo Road and Blackhawk Road except for the
approved main entry drive and the Emergency Vehicle Access road.
*The project shall be constructed as approved. Minor modifications in the
desigo but not the use, may be approved by Staff. Any other change will
require Planning Comrnission approval through the revised final
Development Plan review process.
Conditions of this approval may require the applicant to install public
improvements on land over which neither the applicant, nor the Towru
has easement rights to allow for the installation of the improvements. The
applicant shall be responsible for acquisition of said easement rights
through private negotiations. If the applicant is unsuccessful in
negotiations, the applicant shall apply to the Town for use of eminent
domain powers in accordance with Town Resolution No. 78-85. All
easement rights shall be secured prior to Town Council final approval of
any subdivision map. All costs associated with such acquisition shall be
borne by the applicant.
Pursuant to Government Code section 66474.9, the applicant (including
the applicant or any agent thereof) shall defend, indemnify and hold
harmless the Town of Danville and its agents, officers and employees
from any claim, action or proceeding against the Town or its agents,
officers or employees to attack, set aside, void, or annul, the Town's
approval concerning this applicatiory which action is brought within the
time period provided for in Section 66499.37. The Town will promptly
notify the applicant of any such c14im, action or proceeding and cooperate
fully in the defense.
The project homeowners' association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance
of all common landscape areas and common fencing. Draft project CC&Rs
shall be submitted to the Town of Danville for review and approval a
minimum of 45 days prior to recordation of the final map. The CC&Rs
shall also include language notifying homeowners of the public trails
through the project, the public parking arcaf trailhead, and that the public
may park on the neighborhood streets to access area trails.
4
PAGE 38 OF RESOLUTION NO. 2019-05
5.
6.
A Geologic Hazard Abatement District (GHAD) shall be established or
annexed into. The GHAD shall consider implementing measures to
prevent, mitigate, abate, or control geologic hazards and also mitigate or
abate structural hazards that are caused by geologic hazards. Said GHAD
shall be established or the property annexed into a GHAD according to
Public Resources Code S26500 et seq. The GHAD should consider owning
or maintaining the approximately 372 acres of permanent open space. The
GHAD should consider assuming responsibility for maintenance and
upkeep of the detention basiry other stormwater pollution control and
hydromodification facilities constructed as part of the project, and the
future public trail to be constructed by the Town between the western
EVA terminus and the western terminus of the trail near the Diablo
Road/Alameda Diablo intersection. The GHAD should consider
establishing a comprehensive plan to maintain the restored creek and
bridge and provide corrective measures as needed. If any duties listed
above are unable to be included as part of the GHAD's responsibilities,
.they shall be included as the responsibility of the projecfs Homeowner's
Association (HOA). A quarterly report regarding GHAD funding and
. activities shall be prepared for the first five years #ter the GHAD assumes
responsibilities under the Plan of Control and submitted for review by the
Town and made available for review by other watershed stakeholders.
The project is in the San Ramon Creek watershed. The project shall
mitigate the impact of additional stromwater runoff draining to San
Ramon Creek by either of the following methods:
Remove 1 cubic yard of channel excavation material from the inadequate
portion of San Ramon Creek for each 50 square feet of new impervious
surface area created by the development. All excavated material shall be
disposed of off-site by the developer at his own cost. The site selection,
land rights, and construction staking will be performed by the FC District.
OR, upon written request by the developer:
Provide for a cash payment in lieu of actual excavation and removal of
material from the inadequate portion of San Ramon Creek. The cash
payment will be calculated at a rate of $0.10 per square foot of new
impervious surface area created by the development. The added
impervious surface area created by the development will be based on the
FC District's standard impervious surface area ordinance. The FC District
will use these funds to work on San Ramon Creek annually.
o
a
PAGE 39 OF RESOLUTION NO. 2019-05
7
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9
The project site is also upstream of known inadequate reaches of Green
Valley Creek. As a result this project shall be subject to the Green Valley
Creek Mitigation fee of $0.10 per square foot of newly created impervious
surface area. This fee is based on the Contra Costa County Flood Control
District's Report on Impervious Surface Ordinance. The Town shall collect
this fee for transfer to the County's Drainage Deficiency Fund.
As required by Division 1010 (Drainage) of the County Title 10 Ordinance,
the applicant shall obtain a drainage permit (1010 permit) from the Flood
Control District prior to conducting any work (including but not limited
to new storm drain outfalls, bridges, and road widening) in natural or
man-made watercourses located in unincorporated Contra Costa County.
The applicant shall construct the detention basin and drainage facilities in
accordance with the Regional Hydrologic Analysis prepared by Engeo
Incorporated and dated ]une 8, 201'I.,, and revised on April17, 2012. Prior
to allowing any changes to these drainage facilities as modeled, the
developer shall submit a revised Hydrologic Analysis for Contra Costa
County Flood Control District review and the Town's approval.
The applicant shall submit a final stormwater control plan for review and
approval by the Town and the Contra Costa County Flood Control
District prior to recordation of the final map.
11. Use of a private gated entrance is expressly prohibited
As a part of the issuance of a demolition permit andf or building permit
for the project, the developer shall submit a recycling plan for building
and construction materials and the disposal of green waste generated
from land clearing on the site. Prior to'obtaining framing inspection
approval for the project, the applicant/owner shall provide the Planning
Division with written documentation (e.g. receipts or records) indicating
that waste materials created from the demolition of existing buildings and
the construction of new buildings weref are being recycled according to
their recycling plan or in an equivalent manner.
The project shall conform to the Regional Water Quality Control Board
post-construction C.3 regulations which shall be designed and engineered
to integrate into the project's overall site, architectural, landscaping and
improvement plans. These requirements are contained in the projecfs
Stormwater Control Plan and are to be implemented as follows:
*
12.*
10
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PAGE 40 OF RESOLUTION NO. 2019.05
1,4.
Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with the
applicant's approved Stormwater Control Plan and shall include
drawings and specifications necessary to implement all measures in
the approved plan. The permit apolication shall include a completed
Consffuction Plan C.3 Checklist as described in the Town's Stormroater
C.3 Guidebook.
As may be required by the City Engineer and the Chief of Planning,
drawings submitted with the permit application (including structural,
mechanical, architectural, grading, drainage, site, landscape, and other
drawings) shall show the details and methods of construction for site
design features, measures to limit directly connected impervious area,
pervious pavements, self-retaining at eas, treatment (Best Management
Practices) BMPs, permanent source control BMPs, and other features
that control stormwater flow and potential stormwater pollutants.
Prior to building permit final and issuance of a Certificate of
Occupanc/, the applicant shall execute any agreements identified in
the Stormwater Control Plan which pertain to the transfer of
ownership andf or long-term maintenance of stormwater treatment or
hydrograph modification BMPs.
Prior to building permit final and issuance of a Certificate of
Occupanc/, the applicant shall submit, lor the Town s review and
approval, a Stormwater BMP Operation and Maintenance Plan in
accordance with the Town of Danville guidelines. Guidelines for the
preparation of Stormwater BMP Operation and Maintenance Plans are
in Appendix F of the Town's Stormtoøter C.3 Guidebook.
The project shall conform to the Town's Inclusionary Housing for
Affordable Residential Housing Ordinance. The developer shall provide
at least seven below market rate for-rent second units, as defined by the
Ordinance. If rented, these second units shall be rented at an affordable
rate, as set by the California Department of Housing and Community
Development, to be affordable to low income households. The
development and tenant occupancy of below market rate units shall be
subject to an affordable housing agreement, which shall be subject to
review and approvalby the Town Council prior to recordation of the final
map for the project. In additiory a deed restriction shall be recorded with
the Contra Costa County Recorder in accordance with the Town's Second
Dwelling Unit Ordinance precluding concurrent use of the second units
PAGE 41- OF RESOLUTION NO. 2019.05
and the respective primary residence as rental units. This condition does
not preclude future property owners in this subdivision from building
additional second dwelling units in compliance with the Town's Second
Dwelling Unit Ordinance and State Law.
15. The project shall include the following sustainable design features:
. Rooftop solar installations
o GreenPoint rated design
o Tankless hot water heaters
o High efficiency irrigation systems
o Low emitting insulation at walls and ceilings
o Insulation on all hot water pipes
. lnerg/ Star appliances
. Low VOC paints, caulking and construction adhesives
. f,nerg/ Star bath fans
o Low flow toilets
. HVAC filters
o High efficiency air conditioners with envirónmentally responsible
refrigerants
o Electric vehicle chargers
APPROVED by the Danville Planning Commission at a regular meeting on May 28,
2019, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
Bowles, Combs, Graham, Havlik, Radich, Truiillo
Verriere
None
Haberl
aUt-ßC*
CITY ATTORNEY OF G
PAGE 42 OF RESOLUTION NO. 201.9-05